Answer Posted / amit gurjar

######hyde act and 123######


Henry J. Hyde U.S.-India Peaceful Atomic Energy Cooperation
Act of 2006.

Last week both Houses of the U.S. Congress finalised the
legislation on the Indo-U.S. nuclear co-operation and
renamed it as the Hyde Act of 2006. This Act will soon be
signed into law by the U.S. President, and all future
agreements will have to conform more or less to this law,
if they have to be acceptable to the U.S. In view of this,
and in the context of our August 2006 meeting with the
Prime Minister, we have summarised below our views on the
Hyde Act and our recommendations to the Parliamentarians on
the action required from them.

1) Full co-operation in civilian nuclear energy has been
denied to India:

a) U.S. unwillingness to co-operate in the areas of spent-
fuel reprocessing and uranium enrichment related to the
full nuclear fuel cycle.

b) Denial of the nuclear fuel supply assurances and
alternate supply arrangements mutually agreed upon earlier.

c) Limits co-operation in the GNEP programme. India will
not be permitted to join as a technology developer but as a
recipient state.

2) India asked to participate in the international effort
on nuclear non-proliferation, with a policy congruent to
that of United States.

The Hyde Act envisages (Section-109) India to jointly
participate with the U.S. in a programme involving the U.S.
National Nuclear Security Administration to further nuclear
non-proliferation goals. This goes much beyond the IAEA
norms and has been unilaterally introduced apparently
without the knowledge of the Indian government. In
addition, the U.S. President is required to annually report
to the congress whether India is fully and actively
participating in U.S. and international efforts to
dissuade, isolate and if necessary sanction and contain
Iran for its pursuit of indigenous efforts to develop
nuclear capabilities. These stipulations in the Act and
others pertaining to the Proliferation Security Initiative
(PSI), the Wassenaar Arrangement, and the Australia Group
etc. are totally outside the scope of the July 18th
Agreement and they constitute intrusion into India's
independent decision making and policy matters. India's
adherence to MTCR is also unnecessarily brought in.

3) Impact on our Strategic Defence Programme

In responding to the concerns earlier expressed by us, the
Prime Minister stated in the Rajya Sabha on August 17, 2006
that "we are fully conscious of the changing complexity of
the international political system. Nuclear weapons are an
integral part of our national security and will remain so,
pending the elimination of all nuclear weapons and
universal non-discriminatory nuclear disarmament. Our
freedom of action with regard to our strategic programmes
remains unrestricted. The nuclear agreement will not be
allowed to be used as a backdoor method of introducing NPT
type restrictions on India." And yet, this Act totally
negates the above assurance of the PM.

In view of the uncertain strategic situation around the
globe, we are of the view that India must not directly or
indirectly concede our right to conduct future nuclear
weapon tests, if these are found necessary to strengthen
our minimum deterrence. In this regard, the Act makes it
explicit that if India conducts such tests, the nuclear
cooperation will be terminated and we will be required to
return all equipment and materials we might have received
under this deal. To avoid any abrupt stoppage of nuclear
fuel for reactors which we may import, India and the U.S.
had mutually agreed to certain alternative fuel supply
options which this Act has totally eliminated out of
consideration. Thus, any future nuclear test will
automatically result in a heavy economic loss to the
country because of the inability to continue the operation
of all such imported reactors.

Furthermore, the PM had assured the nation that "India is
willing to join any non-discriminatory, multilaterally
negotiated and internationally verifiable Fissile Material
Cut-off Treaty (FMCT), as and when it is concluded in the
Conference on Disarmament." But, the Act requires the U.S.
to "encourage India to identify and declare a date by which
India would be willing to stop production of fissile
material for nuclear weapons unilaterally or pursuant to a
multilateral moratorium or treaty."

In his Rajya Sabha address, the PM had said, "Our
commitment towards non-discriminatory global nuclear
disarmament remains unwavering, in line with the Rajiv
Gandhi Action Plan. There is no dilution on this count."
Unfortunately, the Act is totally silent on the U.S.
working with India to move towards universal nuclear
disarmament, but it eloquently covers all aspects of non-
proliferation controls of U.S. priority, into which they
want to draw India into committing.

In summary, it is obvious that the Hyde Act still retains
many of the objectionable clauses in the earlier House and
Senate bills on which the Prime Minister had clearly put
forth his objections and clarified the Indian position in
both Houses of Parliament. Once this Act is signed into
law, all further bilateral agreements with the U.S. will be
required to be consistent with this law.

As such, the Government of India may convey these views
formally to the U.S. Administration and they should be
reflected in the 123 Agreement.

amit gurjar

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